What Is a “Felony 5” in Ohio?


A fifth-degree felony in Ohio is a crime that, if convicted, carries a prison term of between six and 12 months and/or a fine of up to $2,500. Crimes that are considered class 5s in Ohio include illegal gambling, breaking and entering, and the exchange or possession of illegal items.

There are five classes of felonies in Ohio. A fifth-degree felony is the lowest of the five. For some extremely severe crimes, like murder, there is no felony classification because such crimes are not limited to specific prison terms. First-degree felonies are crimes like rape, kidnapping and voluntary manslaughter. These are considered the most extreme types of felonies in Ohio and carry prison terms between three and 11 years and a possible fine of up to $20,000. A second-degree felony includes crimes such as manufacturing explosives or prostitution with a known positive HIV test. Prison terms for a second-degree felony range from two to eight years. They may also carry a fine of up to $15,000. Third-degree felony crimes include robbery and reckless homicide. The prison term can be nine months up to five years and includes a fine of up to $10,000. A fourth-degree felony has a prison term of six to 18 months and a fine of up to $5,000. Automobile theft, sex with a minor and safecracking are all considered fourth-degree felonies in Ohio.